Washington, DC – Today, Muslim Advocates and the Roderick & Solange MacArthur Justice Center filed an amicus brief on behalfof 13 Muslim, faith-based, and civil rights community organizations in support of Guantánamo Bay detainees for whom the Center for Constitutional Rights filed habeas petitions last week. At issue in these cases is whether President Donald Trump’s blanket policy against release or transfer of any of Guantánamo’s Muslim detainees, regardless of their individualized circumstances, is unlawful under the Due Process Clause of the U.S. Constitution and exceeds the authority granted to the President by the Authorization for Use of Military Force (“AUMF”).

Most of the detainees have been detained without charge for over fifteen years, and several have already been cleared for transfer. Yet, the Trump Administration has refused to even consider their transfer or release. In their brief, the groups highlight “how President Trump’s statements and actions reflect a deep-seated antipathy towards Islam and Muslims. This ideology is inextricably intertwined with [President Trump’s] policy determination to not release the remaining Guantánamo Muslim detainees regardless of their individualized circumstances.”

According to Johnathan Smith, legal director of Muslim Advocates, “President Trump has made clear his intent to use the power of his office to discriminate against Muslims and people of color. His blanket policy to deny individualized consideration to Guantánamo’s Muslim detainees is yet another manifestation of his well-documented anti-Muslim hatred. We hope the Court will uphold these Muslim men’s constitutional right to due process and grant their motions for a writ of habeas corpus.”

According to Amir Ali of the Roderick & Solange MacArthur Justice Center, “American Muslims are depending upon the courts to carry out their critical role in safeguarding vulnerable minority communities. That is why it is critical for the courts to see the full extent of the Donald Trump’s clear and specific intention to attack people of the Muslim faith, which has included disseminating propaganda to equate the Muslim faith with terrorism and advocating for a religion-based registry for Muslims. He has made clear he will use Guantanamo as another tool in his pursuit of religious persecution.?"